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Mess at OleMiss with lawsuit
Posted on 9/15/23 at 11:29 am
Posted on 9/15/23 at 11:29 am
6
Posted on 9/15/23 at 11:44 am to LaneB
That kid is a walking lawsuit...smart enough to know how to punch buttons, then compile evidence.
He'd better get a chunk of $$$ because his arse going forward will be toxic in the real world, as it should be.
He'd better get a chunk of $$$ because his arse going forward will be toxic in the real world, as it should be.
Posted on 9/15/23 at 12:02 pm to LaneB
You can't seriously think this will get Kiffin fired.
Posted on 9/15/23 at 12:28 pm to Marktastic86
I am actually an attorney who deals with these kind of lawsuits in the employment context. I was literally in trial for ADA discrimination for a reservist with PTSD the past two days.
The setting being a University brings in other aspects that are unique.
But looking at the snippets from that recording transcript - they're completely fricked. That's once-in-a-decade level evidence of ADA discrimination and retaliation. I would kill to have that case walk in my door.
No idea how the media or the universityh will react to this in terms of Kiffin's job. But from a financial standpoint of valuing cases - this kid is going to get a lot of money. Not 40 million. But it will be a seven figure case.
The setting being a University brings in other aspects that are unique.
But looking at the snippets from that recording transcript - they're completely fricked. That's once-in-a-decade level evidence of ADA discrimination and retaliation. I would kill to have that case walk in my door.
No idea how the media or the universityh will react to this in terms of Kiffin's job. But from a financial standpoint of valuing cases - this kid is going to get a lot of money. Not 40 million. But it will be a seven figure case.
This post was edited on 9/15/23 at 12:29 pm
Posted on 9/15/23 at 12:34 pm to Crimson77
How is that ADA discrimination? He wasn't denied anything. He didn't comply with the stipulations of his situation, thus action was taken against him.
Posted on 9/15/23 at 1:06 pm to LaneB
Did they not have enough safe spaces?
Posted on 9/15/23 at 1:07 pm to Crimson Wraith
What a soft group of humans walking around nowadays.
Posted on 9/15/23 at 1:12 pm to Crimson77
quote:
I am actually an attorney who deals with these kind of lawsuits in the employment context. I was literally in trial for ADA discrimination for a reservist with PTSD the past two days.
He never requested ADA protection. In what specific way is Ole Miss fricked?
He ghosted, then freaked out when he was cut.
Posted on 9/15/23 at 1:14 pm to LaneB
quote:
The lawsuit claims Rollins "suffered severe depression, anxiety, frustration, embarrassment, humiliation, a loss of sleep and loss of appetite" from the injury to his Achilles.
The frick?
How does an Achilles injury, one of the most tragic injuries an athlete can suffer and universally viewed as a terrible thing, make one embarrassed or humiliatated?
Posted on 9/15/23 at 1:23 pm to TideSaint
quote:
The frick?
How does an Achilles injury, one of the most tragic injuries an athlete can suffer and universally viewed as a terrible thing, make one embarrassed or humiliatated?
Maybe he injured it while chasing after the water boy and then his pants fell down and all the cheerleaders laughed at him?
Posted on 9/15/23 at 1:45 pm to TideSaint
quote:
The frick? How does an Achilles injury, one of the most tragic injuries an athlete can suffer and universally viewed as a terrible thing, make one embarrassed or humiliatated?
More so, how is any humiliation, real or fabricated the fault of Ole Miss?
This whole lawsuit is complete garbage by a young man who failed to report his issues, failed to make use of available resources and is now failing to take responsibility for the consequences of those actions.
Posted on 9/15/23 at 2:18 pm to Funky Tide 8
quote:
How is that ADA discrimination? He wasn't denied anything. He didn't comply with the stipulations of his situation, thus action was taken against him.
Denied educational opportunity e.g. participation on the football team because they did not afford him reasonable accommodations. He could not meet with Kiffin at the time due to a medical issue. He told them that. It was reasonable for them to afford him time to recover from his issues. They then kick him off the team for not meeting with Kiffin right away.
Their identification of other athletes, football and non-football, given time to recover for mental health and who were allowed to come back to their teams, it shows that the requests he made were reasonable for the University to accomodate. Those other athletes are called "comparators" and the courts recognize comparator evidence as some of the strongest you can have in trying to prove discriminatory or retaliatory intent (2nd probably to "direct evidence" which they also have in this case).
quote:
He never requested ADA protection. In what specific way is Ole Miss fricked?
Don't need to invoke the ADA specifically to be granted protection. Everyone has protection from disability based discrimination, at all times, regardless of if you ask for it. Activity, complaints, requests for accommodations, etc. related to a disability, even if not done while specifically invoking the ADA, still grant the person protection from retaliation. The law on ADA doesn't require the use of any specific buzz words, and ADA law is generally interpreted very broadly in favor of coverage for individuals. If he's telling them he's having medical issues, and telling them he needs this or that because of it, he's got some protection from retaliation under ADA.
Like it or not. Y'all baws can call him soft or whatever. I'm sure he's soft as a baby's bottom and probably did exaggerate the hell out of all this. But the law is what it is. I do this every day professionally.
Kiffin's statements are incredibly damning direct evidence of discriminatory intent. Kid has a great case. He's going to get paid big time to make it go away.
This post was edited on 9/15/23 at 2:20 pm
Posted on 9/15/23 at 3:20 pm to Crimson77
quote:
He could not meet with Kiffin at the time due to a medical issue. He told them that.
Where in the transcript did he indicate that he could not meet with him due to the medical condition until the final meeting where he was kicked off the team.
If an employee breaks a leg but fails to request medical leave and does not communicate with their employer they can be fired regardless of why he claims he did not do so.
Also what evidence has been presented that this man actually had a documented mental health issue other than his claim after the fact that he was distraught over an injury? Did he seek help?
Why would Ole Miss be required to guess he was off on a mental health issue and then just have to take him at his word that he was in some mental health crisis without any medical diagnosis?
And having waited weeks why wouldn’t they be allowed to terminate him from the team when he didn’t take reasonable steps to inform them or seek help?
That’s not how it works in the private sector.
Posted on 9/15/23 at 4:17 pm to tide06
There is also this statement by OM:
so was he kicked off, or not?
quote:
"DeSanto was never removed from the football team and remains on scholarship. In addition, he continues to have the opportunity to receive all of the resources and advantages that are afforded a student-athlete at the university."
so was he kicked off, or not?
Posted on 9/15/23 at 4:21 pm to Funky Tide 8
quote:
so was he kicked off, or not?
If OM can prove this, I think the case will tip in their favor
Posted on 9/15/23 at 4:38 pm to LaneB
quote:
by Lane
quote:
Kiffin may soon be available
Look Lane, shilling for yourself on this board won’t help you become Saban’s replacement.
Posted on 9/15/23 at 6:16 pm to LaneB
I bet Lane Kiffin 100% has this kid pegged but that’s besides the point. When people I supervisor pull this stunt, they get redirected to HR employee assistance and put on an action plan that HR has vetted.
Kiffin handled this like he lives in a world of men but we really live in a world of technocrats, snakes, and lawyers.
Kiffin handled this like he lives in a world of men but we really live in a world of technocrats, snakes, and lawyers.
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